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Orders of the Senate

Committees

1  Allocation of departments

Departments and agencies are allocated to the legislative and general purpose standing committees as follows:

Community Affairs

Family and Community Services

Health and Ageing

Economics

Treasury

Industry, Tourism and Resources

Employment, Workplace Relations and Education

Employment and Workplace Relations

Education, Science and Training

Environment, Communications, Information Technology and the Arts

Environment and Heritage

Communications, Information Technology and the Arts

Finance and Public Administration

Parliament

Prime Minister and Cabinet

Finance and Administration

Foreign Affairs, Defence and Trade

Foreign Affairs and Trade

Defence (including Veterans’ Affairs)

Legal and Constitutional

Attorney-General

Immigration and Multicultural and Indigenous Affairs

Rural and Regional Affairs and Transport

Transport and Regional Services

Agriculture, Fisheries and Forestry.

( 1 May 1996, amended 2 September 1997, 21 October 1997, 11 November 1998, 8 February 2001 and 13 February 2002 .)

2  Estimates hearings

(1) That estimates hearings by legislation committees for the year 2002 be scheduled as follows:

2001-02 additional estimates:

Monday, 18 February and Tuesday, 19 February and, if required, Friday, 22 February ( Group A )

Wednesday, 20 February and Thursday, 21 February and, if required, Friday, 22 February ( Group B )

2002-03 budget estimates:

Monday, 27 May to Thursday, 30 May and, if required, Friday, 31 May ( Group A )

Monday, 3 June to Thursday, 6 June and, if required, Friday, 7 June ( Group B )

Wednesday, 20 November, and, if required, Friday, 22 November ( supplementary hearings-Group A )

Thursday, 21 November and, if required, Friday, 22 November ( supplementary hearings-Group B ).

(2) That the committees consider the proposed expenditure in accordance with the allocation of departments to committees agreed to by the Senate.

(3) That committees meet in the following groups:

Group A:

Environment, Communications, Information Technology and the Arts

Finance and Public Administration

Legal and Constitutional

Rural and Regional Affairs and Transport

Group B:

Community Affairs

Economics

Employment, Workplace Relations and Education

Foreign Affairs, Defence and Trade.

(4) That the committees report to the Senate on the following dates:

Wednesday, 13 March 2002 in respect of the 2001-02 additional estimates, and

Wednesday, 19 June 2002 in respect of the 2002-03 budget estimates.

( Agreed to 13 February 2002 .)

3  Foreign Affairs, Defence and Trade—Joint Standing Committee—Authorisation to meet

That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 23 October 2002, from 11 am to 12.30 pm, to take evidence for the committee’s inquiry into central Europe.

( Agreed to 26 September 2002 .)

4  Privileges—Standing Committee—Adoption of 94th report recommendation

That the Senate authorise the President, if required, to engage counsel as amicus curiae if either the action for defamation against Mr David Armstrong or a similar action against Mr William O’Chee is set down for trial.

( Agreed to 4 September 2000 .)

Legislation

5  Senate consideration—Variation

(1) That a bill shall not be considered in committee of the whole, unless, prior to the resolution of the question for the second reading, any senator has:

(a) circulated in the Senate a proposed amendment or request for amendment of the bill; or

(b) required in debate or by notification to the chair that the bill be considered in committee of the whole.

(2) That this order operate as a sessional order.

( Agreed to 20 June 2002 .)

6  Senate consideration—Variation

That the provisions of paragraphs (5) to (7) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Education Services for Overseas Students Amendment Bill 2002

Treasury Legislation Amendment Bill (No. 1) 2002.

( Agreed to 16 October 2002 .)

Meeting of Senate

7  Meeting of Senate

That the days of meeting of the Senate for 2002 be as follows:

Summer sittings:

Tuesday, 12 February to Thursday, 14 February

Autumn sittings:

Monday, 11 March to Thursday, 14 March

Tuesday, 19 March to Thursday, 21 March

Budget sittings:

Tuesday, 14 May to Thursday, 16 May

Winter sittings:

Monday, 17 June to Thursday, 20 June

Monday, 24 June to Thursday, 27 June

Spring sittings:

Monday, 19 August to Thursday, 22 August

Monday, 26 August to Thursday, 29 August

Monday, 16 September to Thursday, 19 September

Monday, 23 September to Thursday, 26 September

Monday, 14 October to Thursday, 17 October

Monday, 21 October to Thursday, 24 October

Monday, 11 November to Thursday, 14 November

Monday, 18 November to Tuesday, 19 November

Monday, 2 December to Thursday, 5 December

Monday, 9 December to Thursday, 12 December.

( Agreed to 13 February 2002 .)

8  Amendment of standing orders 54, 55 and 57

54 Adjournment without motion

(5) Except on Tuesday debate on the question for the adjournment shall not exceed 40 minutes, and a senator shall not speak to that question for more than 10 minutes on any day. On Tuesday at the conclusion of debate, and on other days at the expiration of 40 minutes, at the conclusion of debate, or at the time specified for adjournment, whichever is the earlier, or if there is no debate, the President shall adjourn the Senate without putting the question.

55 Times of meetings

(1)  The days and times of meeting of the Senate in each sitting week shall be:

Monday  12.30 pm - 6.30 pm, 7.30 pm - 10.30 pm

Tuesday  2 pm - adjournment

Wednesday 9.30 am - 8 pm

Thursday  9.30 am - 8.40 pm.

57 Routine of business

(1) The routine of business shall be:

(a) On Monday

(i) Government business only

(ii) At 2 pm, questions

(iii) Motions to take note of answers

(iv) Petitions

(v) Notices of motion

(vi) Postponement and rearrangement of business

(vii) Formal motions - discovery of formal business

(viii) Any proposal to debate a matter of public importance or urgency

(ix) Government business

(x) At 9.50 pm, adjournment proposed

(xi) At 10.30 pm, adjournment.

(b) On Tuesday:

(i) Questions

(ii) Motions to take note of answers

(iii) Petitions

(iv) Notices of motion

(v) Postponement and rearrangement of business

(vi) Formal motions - discovery of formal business

(vii) Any proposal to debate a matter of public importance or urgency

(viii) Government business

(ix) At 6.50 pm, consideration of government documents for up to 30 minutes under standing order 61

(x) At 7.20 pm, adjournment proposed

(xi) Adjournment.

( Agreed to 28 August 2002 upon adoption of certain recommendations in the Procedure Committee’s first report of 2002 .)

Orders for production of documents

9  Mining—Christmas Island—Order for production of documents

That there be laid on the table, no later than 4 pm on Tuesday, 25 June 2002, the following documents:

(a) the current mine lease or leases on Christmas Island held by Phosphate Resource Ltd (PRL), including all conditions;

(b) the Environment Management Plan for the lease or leases;

(c) any Environment Australia (EA) documents relating to compliance, oversight and enforcement of the lease or leases and conditions;

(d) all materials relating to breaches of conditions, including claims, investigations and actions;

(e) any audits of PRL’s rehabilitation program;

(f) any new mining proposals for Christmas Island;

(g) a current tenure map of all blocks that have been mined;

(h) any documents relating to the transfer of any lots to or from PRL;

(i) any documents relating to the current mine rehabilitation budget for EA on Christmas Island;

(j) any documents relating to the current status of rehabilitation on lease block 138;

(k) any documents relating to the payment or non-payment of power bills by PRL;

(l) any documents relating to alternative locations for the proposed detention centre on Christmas Island;

(m) any documents containing responses of EA to the detention centre proposal; and

(n) current funds held for purposes of mine rehabilitation on Christmas Island.

( Agreed to 19 June 2002 .)

10  Superannuation system—Order for production of document

That there be laid on the table, on the last sitting day of the winter sittings 2002, the revised costings document, including the correct phasing-in arrangements, of the Australian Labor Party’s plan for a fairer superannuation system, prepared by Phil Gallagher (Manager, Retirement and Income Modelling Unit, Treasury) which was sent to the Treasurer’s office in the week beginning 20 May 2002 and identified in Mr Gallagher’s evidence before the Economics Legislation Committee on 4 June 2002.

( Agreed to 24 June 2002 .)

11  Finance—Retirement and Income Modelling—Order for production of documents

That there be laid on the table, on the last sitting day of the 2002 winter sittings, the modelling, including information on projected spending for payments to individuals, education, health and aged care spending, prepared for the draft Intergenerational Report in early 2002 before budget changes were factored in, prepared by the Retirement and Income Modelling Unit, Treasury and identified in Treasury’s evidence before the Economics Legislation Committee on 6 June 2002.

( Agreed to 25 June 2002 .)

12  Environment—Lucas Heights reactor—Order for production of document

That there be laid on the table, no later than the end of question time on Wednesday, 26 June 2002, the study commissioned by the Australian Nuclear Science and Technology Organisation, on behalf of the Australian Radiation Protection and Nuclear Safety Agency, of the preliminary evaluation of the construction site for the replacement research reactor at Lucas Heights, carried out by the New Zealand company, the Institute of Geological and Nuclear Sciences, which included geological mapping of the excavation of the construction site and has revealed a geological anomaly or ‘fault’ at the site.

( Agreed to 25 June 2002 .)

13  Health—Tobacco—Order for production of document

That the Senate—

(a) notes the report tabled in the Senate on 6 May 2002 from the Australian Competition and Consumer Commission (ACCC) on the performance of its functions under the Trade Practices Act 1974 (the Act) with regard to tobacco and related matters, as required by the order of the Senate of 24 September 2001;

(b) notes that the Senate may require the ACCC to provide it with information in accordance with section 29 of the Act;

(c) requires the ACCC to report, as soon as possible, on the following issues:

(i) whether Australian tobacco companies have engaged in misleading or deceptive conduct in their use of the terms ‘mild’ and ‘light’, and

(ii) whether there has been any misleading, deceptive or unconscionable conduct in breach of the Act by British American Tobacco and/or Clayton Utz with regard to document destruction for the purpose of withholding information relevant to possible litigation;

(d) requests the ACCC to engage in consultation with interested parties and stakeholders over the perceived inadequacies in its response to the order of the Senate of 24 September 2001 and requires the ACCC to report on those consultations as soon as possible;

(e) notes that once the Senate has had the opportunity to consider the ACCC’s further reports on the use of the terms ‘mild’ and ‘light’, whether there has been misleading, deceptive or unconscionable conduct in relation to document destruction, and the ACCC’s consultations, it will consider whether a further report should be sought from the ACCC in response to the order of the Senate of 24 September 2001;

(f) calls on the Commonwealth Government to pursue the possibility of a Commonwealth/state public liability action against tobacco companies to recover healthcare costs to the Commonwealth and the states caused by the use of tobacco; and

(g) calls on the Commonwealth to address the issue of who should have access to the more than $200 million collected in respect of tobacco tax and licence fees by tobacco wholesalers but not passed on to Government (see Roxborough v. Rothmans ) by introducing legislation to retrospectively recover that amount for the Commonwealth and/or to establish a fund on behalf of Australian consumers and taxpayers, and in either case for the moneys to be used for the purpose of anti-smoking and other public health issues .

( Agreed to 27 June 2002 .)

14  Animal Welfare—Cattle—Order for production of documents

That there be laid on the table, no later than 4 pm on Wednesday, 21 August 2002, the following documents:

(a) the Livestock Officer’s report on the voyage of the Maysora , a Jordanian flagged vessel, travelling from Australia on 28 February 2001 carrying live cattle; and

(b) the Master’s reports from the same voyage.

( Agreed to 20 August 2002 .)

15  Superannuation Working Group—Order for production of document

That there be laid on the table, on the next day of sitting, the report presented to the Government by the Superannuation Working Group on 28 March 2002.

( Agreed to 28 August 2002 .)

16  Health—Assessment reports by the Australian Competition and Consumer Commission—Order for production of documents—Variation

That the order of the Senate of 25 March 1999, relating to an order for the production of periodic reports by the Australian Competition and Consumer Commission on private health insurance, be amended as follows:

Omit “6 months, commencing with the 6 months ending on 31 December 1999”, substitute “12 months ending on or after 30 June 2003” ( Special Minister of State (Senator Abetz), in continuation, 18 September 2002 ).

( Agreed to 18 September 2002 .)

17  Environment—Nelly Bay Harbour project—Order for production of documents

That there be laid on the table no later than 4 pm on 24 October 2002:

(a) any application to clear granite from the Nelly Bay Harbour project site by methods other than those approved through the 1995-1998 environmental impact statement process;

(b) any documents outlining problems and responses to problems in relation to clearing the inner harbour and access channel of the Nelly Bay Harbour project;

(c) the weekly site supervisor reports for the Nelly Bay Harbour project;

(d) any applications by Nelly Bay Harbour Pty Ltd (or anyone else) for permission to attach pontoons to residential land bordering the Great Barrier Reef Marine Park;

(e) any documents relating to the Great Barrier Reef Marine Park Authority’s position in relation to private moorings inside the Great Barrier Reef Marine Park in relation to the Nelly Bay Harbour project;

(f) the results of the Nelly Bay Harbour monitoring programs (summaries only);

(g) any reported breaches of the Deed of Agreement of the joint Great Barrier Reef Marine Park Authority/Queensland Park and Wildlife Service permit; investigations and outcomes of investigations of those breaches;

(h) any documents in relation to funding or financial problems associated with the Nelly Bay Harbour project; and

(i) any documents evidencing actions on site that the Great Barrier Reef Marine Park Authority stopped, prevented or changed.

( Agreed to 25 September 2002 .)

18  Transport—Ethanol—Order for production of documents

That there be laid on the table, no later than immediately after motions to take note of answers on Monday, 21 October 2002:

(a) all documents relating to the meeting between the Minister for Agriculture, Fisheries and Forestry (Mr Truss) and the Executive Director of the Australian Institute of Petroleum on 21 August 2002, including but not limited to:

(i) papers prepared for the meeting by the Department of Agriculture, Fisheries and Forestry, the Department of the Prime Minister and Cabinet, the Department of Industry, Tourism and Resources, and/or Mr Truss’ office,

(ii) any agenda or attendance papers,

(iii) any notes made by departmental officers and/or ministerial advisers at the meeting, including but not limited to hand-written notes, and

(iv) any papers that document the outcome of the meeting, including but not limited to file notes prepared by departmental officers and/or ministerial advisers;

(b) all records of communications between:

Ÿ  Mr JT Honan, Chairman of Manildra and/or other Manildra managers and staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to correspondence, telephone records and file notes;

(c) all records of any meetings between:

Ÿ  Mr JT Honan, Chairman of Manildra and/or other Manildra managers and staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to hand-written file notes;

(d) all records of communications between:

Ÿ  Mr Bob Gordon, Executive Director of the Australian Biofuels Association and/or other Australian Biofuels Association staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to correspondence, telephone records and file notes;

(e) all records of any meetings between:

Ÿ  Mr Bob Gordon, Executive Director of the Australian Biofuels Association and/or other Australian Biofuels Association staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to hand-written file notes; and

(f) all analysis by the Treasury, the Department of Finance, Department of the Prime Minister and Cabinet, Department of Industry, Tourism and Resources and Department of Agriculture, Fisheries and Forestry concerning the projected budgetary impact of the decision to impose excise on ethanol and grant a 12-month ethanol production subsidy.

( Agreed to 16 October 2002 .)

*19  Science and Technology—Canol trial—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Science, no later than 2 pm on Thursday, 24 October 2002:

All documents held by the Office of the Gene Technology Regulator relating to the risk assessment for the Canola trial licence application (Application No. DIR 011/2001) and the decision to approve the licence, including submissions, correspondence, records and minutes of meetings scientific reports, and the risk assessment itself, including any drafts, risk assessment criteria and protocols and memos.

( Agreed to 17 October 2002 .)

Orders for production of documents still current from previous parliaments

 

Date of order

Subject

Addressed to

25.10.1995

Administrative decision-making—Effect of international instruments

Minister representing the Attorn ey-General

13.05.1998

Waterfront reform

Minister representing the Minister for Transport and Regional Development (Senator Alston);

Minister representing the Minister for Workplace Relations and Small Business (Senator Alston); and

Minister representing t he Prime Minister (Senator Hill)

07.03.2000

Environment—Queensland—Tree clearing

Minister for the Environment and Heritage (Senator Hill)

03.04.2000

Aged care—Riverside Nursing Home

Minister representing the Minister for Aged Care

27.06.2000

Tax reform— Petrol pricing

Assistant Treasurer (Senator Kemp)

09.11.2000

Environment—Tasmania

Minister representing the Minister for Sport and Tourism (Senator Minchin)

04.12.2000

Taxation—Opinion polls

Leader of the Government in the Senate (Senator Hill)

05.03.20 01

Taxation

Minister representing the Treasurer (Senator Kemp)

23.05.2001

HIH Insurance

Minister representing the Treasurer (Senator Kemp)

24.05.2001

Workplace relations

Minister representing the Minister for Employment, Workplace Relations and Small Bus iness

09.08.2001

Foreign Affairs—Japanese fishing boats

Minister representing the Ministers for Foreign Affairs and Trade

21.08.2001

Transport—Black Spot Project

Minister representing the Minister for Transport and Regional Services

23.08.2001

Environme nt—Great Barrier Reef—Water quality control

Leader of the Government in the Senate (Senator Hill)

19.09.2001

Transport—Ansett Australia

Minister representing the Minister for Transport and Regional Services

20.09.2001

Transport—Ansett Australia

Minister representing the Prime Minister

Senate Chamber

20  Dress code—Media representatives and advisers

That the Senate does not require media representatives in the Senate gallery, or senators’ advisers, to wear coats.

( Agreed to 20 March 2002 .)

21  Chamber photographs

That photographs of any senator may be taken by the media in the chamber whenever that senator has the call.

( Agreed to 21 March 2002 .)